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2026 DAILYLAW 18581 (KAR)

SOHAN KUMAR v. STATE OF KARNATAKA

CRL.P/1437/2026 · 2026-06-03

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26004 CRL.P No. 1437 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1437 OF 2026 (439(Cr.PC) BETWEEN: 1. SOHAN KUMAR S/O RAM PRASAD SAH AGED ABOUT 26 YEARS R/AT SANJAY YADAV BUILDING NANJAREDDY LAYOUT, NEAR APOTEX 5TH MAIN GATE, VABASANDRA, JIGANI HOBLI, ANEKAL, BANGALORE RURAL - 560 2106. PERMANENT ADDRESS: WARD NO.6, KHARAGPUR VILLAGE, GORGAMA POST, NAYAGAON POLICE STATION, MATIHANI BEGUSARI DISTRICT, BIHAR-851 211. … PETITIONER (BY SRI. G RAKESH RAJ., ADVOCATE) AND: 1. STATE OF KARNATAKA BY JIGANI POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26004 CRL.P No. 1437 of 2026 KARNATAKA HIGH COURT COMPLEX, BENGALURU-560 001. … RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P. IS FILED U/S 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO ENLARGE HIM ON BAIL IN S.C NO.5093/2025 OF CRIME NO.82/2025 REGISTERED PUNISHABLE UNDER OFFENCE UNDER SECTIOR 103(1) OF BNS ACT REGISTERED BY RESPONDENT JIGANI POLICE STATION, PENDING BEFORE IN THE COURT OF THE III ADDL DISTRICT AND SESSIONS JUDGE, BANGALURU RURAL DISCTRICT, SIT AT ANEKAL. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The accused No.1 in S.C.No.5093/2025 pending before the Court of III Additional District and Sessions Judge, Bengaluru Rural District, Sitting at Anekal, arising out of Crime No. 82/2025 registered by Jigani Police Station, for the offences punishable under Section 103(1) of the Bharatiya Nyaya Sanhita (BNS), 2023 (hereinafter referred to as 'BNS, 2023' for short) is before this Court in this criminal petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. - 3 - HC-KAR NC: 2026:KHC:26004 CRL.P No. 1437 of 2026 2. Heard the learned counsel appearing for the petitioner and the learned HCGP appearing on behalf of the respondent/State. 3. FIR in Crime No. 82/2025 was registered by Jigani Police Station for the aforesaid offences against the petitioner herein based on the first information dated 06.05.2025 received from Sri. Birendra Yadav who is the care taker of the property in which the petitioner was residing with his family. During the course of investigation, petitioner herein was arrested on 28.05.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. 4. Petitioner's bail application filed before the trial Court in S.C.No. 5093/2025 was rejected on 26.12.2025. Therefore, he is before this Court. - 4 - HC-KAR NC: 2026:KHC:26004 CRL.P No. 1437 of 2026 5. The material on record would go to show that a week prior to the alleged date of incident, petitioner had taken the premises in which the crime had taken place on rent and thereafter was staying in the said house along with his wife - Barsa Priya Darsini and his minor son aged about 1½ years. Petitioner allegedly was working in a private company at Jigani. In the first information, it is mentioned that on 05.05.2025 at 10.00 p.m., the first informant had gone to sleep and at about 12.30 a.m. on 06.05.2025, he heard sound from the 2nd floor of the building and when he came out, he heard a child crying. When the first informant went towards the 2nd floor, he found the door of the petitioner's house open and the petitioner had gone out of the house and when the first informant went inside the house, he found the dead body of petitioner's wife inside the bedroom in the house and it is under these circumstances, he subsequently approached the police and submitted the first information. - 5 - HC-KAR NC: 2026:KHC:26004 CRL.P No. 1437 of 2026 6. As per the Charge sheet allegations, on 05.05.2025, petitioner returned home at about 7.30 p.m. On the said date, his wife had not cooked food in the house and when the petitioner questioned her, she allegedly answered him rudely and therefore, there was a quarrel between the petitioner and his wife and the petitioner also found that his wife had not given any food or milk even to their minor son and therefore the child was crying. In this background, the petitioner once again quarrelled with his wife and after she retaliated, there was a fight between the husband and wife and the petitioner allegedly strangulated the neck of his wife with a towel which was nearby and committed her murder. Subsequently, he left the house and ran away. 7. The entire case of the prosecution is based on circumstantial evidence. Even if the prosecution case is presumed to be true, it appears that the incident had taken place when the husband and wife fought against each other on petty issues. Petitioner who has no other - 6 - HC-KAR NC: 2026:KHC:26004 CRL.P No. 1437 of 2026 criminal antecedents is in custody from 28.05.2025. He is required to take care of his minor son who is now stated to be in the custody of his mother. The apprehension expressed by the learned HCGP can be taken care of by imposing appropriate conditions. 8. The investigation of the case is already completed and charge sheet has been filed. It is brought to the notice of the Court that the case before the trial Court is still at the stage of framing charges. Therefore, the chances of trial being concluded in the near soon is very remote. 9. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: ORDER The petition is allowed. - 7 - HC-KAR NC: 2026:KHC:26004 CRL.P No. 1437 of 2026 The petitioner is directed to be enlarged on bail in S.C.No.5093/2025 pending before the Court of III Additional District and Sessions Judge, Bengaluru Rural District, Sitting at Anekal, arising out of Crime No. 82/2025 registered by Jigani Police Station, for the offences punishable under Section 103(1) of the BNS, 2023, to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, out of which, one shall be local surety to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 8 - HC-KAR NC: 2026:KHC:26004 CRL.P No. 1437 of 2026 d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE VP